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Reso 6211 Z-2003-02 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, California 95014 RESOLUTION NO. 6211 OF THE PLANNING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING THE REZONING OF A 7.74-ACRE PARCEL FROM P(CG, O, ML, HOTEL) OR PLANNED DEVELOPMENT WITH GENERAL COMMERCIAL, OFFICE, LIGHT INDUSTRIAL AND HOTEL USES TO P(COM,OFF, RES) OR PLANNED DEVELOPMENT WITH COMMERCIAL, OFFICE AND RESIDENTIAL USES. SECTION I: PROTECT DESCRIPTION Application No.: Z-2003-02, U-2003-04,EA-2003-09, TM-2003-02, EXC-2003-06 Applicant(s): Menlo Equities Property Location: APN#s: 316-20-084-Cupertino Financial Center (northeast corner of the intersection of Wolfe Road and Stevens Creek Boulevard) SECTION II: FINDINGS FOR REZONING WHEREAS, the Planning Commission of the City of Cupertino received an application for the rezoning of property, as described on this Resolution; and WHEREAS, the necessary public notices have been given in accordance with the Procedural Ordinance of the City of Cupertino, and the Planning Commission has held one or more public hearings on this matter; and WHEREAS, the Planning Commission finds that the subject rezoning meets the following requirements: 1) That the rezoning is in conformance with the General Plan of the City of Cupertino. 2) That the property involved is adequate in size and shape to conform to the new zoning designation. 3) That the new zoning encourages the most appropriate use of land. 4) That the proposed rezoning is otherwise not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the neighborhood of subject parcels. 5) That the rezoning promotes the orderly development of the city. NOW,THEREFORE, BE IT RESOLVED: That after careful consideration of maps, facts,exhibits, testimony and other evidence submitted in this matter, application no. Z-2003-02 is hereby recommended for approval; and That the subconclusions upon which the findings and conditions specified in this Resolution are based and contained in the Public Hearing record concerning Application Z-2003-02, as set forth Resolution No. 6211 Z-2003-02 October,27,2003 Page 2 in the Minutes of the Planning Commission Meeting of October 27, 2003, and are incorporated by reference herein. SECTION III: CONDITIONS ADMINISTERED BY THE COMMUNITY DEVELOPMENT DEPT. 1. APPROVED EXHIBITS The recommendation of approval is based on the exhibits labeled Exhibit 1: Zoning Plat map and Exhibit 2: Legal Description. 2. ALLOWED USES i. Commercial uses sha11 include those allowed in General Commercial zone and shall be compatible with the adjacent residential uses. Such uses shall be subject to development standards in Municipal Code Section 19.56 unless superseded by the Heart of the City Specific Plan or the approval for this project. ii. Office uses shall be compatible with adjacent residential uses. PASSED AND ADOP'TED this 27th day of October 2003, at a Regular Meeting of the Planning Commission of the City of Cupertino by the following roll call vote: AYES: COMMISSIONERS: Corr, Miller,Wong,Vice-Chair Saadati and Chairperson Chen NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ATTEST: APPROVED: , Steve iasecki ngela C n, Chairperson Director of Community Development Cupertino Planning Commission L:�Pirznrcing�PDREPORT l RES�Z-2003-02 res.doc